A Legislative and Political History of ERISA Preemption, Part 2

Abstract

This article explains how preemption issues led Congress to pass a broader pension reform law than it might otherwise have done. Business groups and the Nixon Administration hoped the congressional tax committees would limit the scope of federal regulation of pension plans. The congressional rules, however, gave jurisdiction over Congress's power to preempt state employment laws to the labor committees. Their control over preemption allowed the labor committees to bargain for broader regulation than business groups and the Administration preferred.

Keywords: ERISA, preemption, Congress, law, politics, employee benefits, regulation, interest groups, commerce clause, congressional committees, legislation